Los Altos: License plate reader policy adopted

Roughly a year after the Los Altos Police Department began using a so-called automated license plate reader, a policy has been adopted that limits how long collected data can be kept.

The technology, which has stirred privacy concerns across the country, saves officers from having to relay a license plate number to a dispatcher or entering it into a mobile terminal in order to check it against law enforcement databases. Information is also retained for "future investigative purposes," according to a report by police Chief Tuck Younis.

For instance, an officer could use the information to track a vehicle associated with a burglary.

In July 2013, the police department received a single reader from the Santa Clara County Sheriff's Office, which purchased 13 with a grant from the Department of Homeland Security. The technology was installed on a marked patrol vehicle and operational a month later.

After receiving a report on the reader in September 2013, the City Council told the police department to develop a policy that limits data retention to one year. However, the policy, which was adopted earlier this month, allows the police department to indefinitely store information it believes could be used as evidence in a criminal or civil proceeding on portable media.

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In fiscal year 2013-14, the reader scanned 135,941 license plates, which produced just 68 system notification alerts. They ranged from identifying vehicles associated with criminal activity to lost or stolen license plates.

The technology has drawn sharp criticism from the American Civil Liberties Union. In a study released last year, the organization warned that a "single, high-resolution image of our lives" is being assembled.

"The city continues to recognize the concerns ALPR (automated license plate reader) technology may bring to some members of the community regarding operational policies, as well as data collection, storage, sharing and retention," Younis wrote in his report, which the council received Tuesday.

"Like all tools and technologies available to law enforcement," he continued, "the ALPR must also be carefully managed to maintain the public trust. Policies have been developed and are strictly enforced to ensure operational integrity, the security of the system, compliance with applicable laws and regulations, and the privacy of information gathered."

Only officers who have completed department-approved training are allowed to use the technology, according to the report. There must also be an "official and legitimate law enforcement need." Audits will be conducted annually to ensure all users are adhering to the policy.

"Any violation of the ALPR policy will result in appropriate disciplinary action up to, and including, termination and may also result in criminal prosecution," the police chief wrote.